What to do if our neighbor claims that our golden retriever killed 2 of her chickens?
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What to do if our neighbor claims that our golden retriever killed 2 of her chickens?
Our dog went through the woods to their property. The neighbor called animal control, and the next day we were issued a fine for $100. We live in a neighborhood with covenants prohibiting livestock, including chickens and I told her this, after apologizing for the incident. I had told her at the time that we would replace the chicken, but after receiving the fine, I was upset that she handled it this way and told her I would not pay her $100 more for 2 chickens. She is offering us a choice to pay her $100 or take us to small claims court.
Asked on October 1, 2012 under Bankruptcy Law, New Hampshire
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
First your neighbor has to prove that you dog killed the two chickens to support the claims against you. If the neighbor cannot prove such then you would not be obligated under the laws of all states to pay the $100 fine.
If you do not believe your animal caused the problem that you are writing about then you should force the neighbor to sue you in small claims court for the two dead chickens and their value.
You need to realize that the $100 fine is probably payable to Animal Control. The costs of the chickens would be payable to the neighbor if proven that your dog killed the fowl.
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